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HomeMy WebLinkAboutItem No. 2CITY OF ins _.... LADE LSMOIZE DREAM EXTREME- CITY OF LAKE ELSINORE REPORT TO PLANNING COMMISSION TO: HONORABLE CHAIRMAN AND MEMBERS OF THE PLANNING COMMISSION FROM: RICHARD J. MACHOTT, LEED GREEN ASSOCIATE ACTING PLANNING MANAGER DATE: JUNE 18, 2013 SUBJECT: COMMERCIAL DESIGN REVIEW NO. 2013-02, CONDITIONAL USE PERMIT NO. 2013 -02, ZONE CHANGE NO. 2013-03, FINDING OF PUBLIC CONVENIENCE AND NECESSITY — A REQUEST FOR THE CONSTRUCTION OF A NEW 7- ELEVEN CONVENIENCE STORE WITH THE SALE OF BEER AND WINE AND GASOLINE AND ASSOCIATED LANDSCAPE AND SIGNAGE IMPROVEMENTS AT 515 N. MAIN STREET; AND A RELATED AMENDMENT TO THE CITY OF LAKE ELSINORE DOWNTOWNCODE. APPLICANT: MR. TOM BERGERSON /DMB ARCHITECTS, 8911 RESEARCH DRIVE, 1ST. FLOOR, IRVINE, CA 92618 OWNER: MR. MARWAN ALABBASI /ALABBASI CONSTRUCTION AND ENGINEERING, 16810 VAN BUREN BLVD; SUITE 200, RIVERSIDE, CA 92503 Project Request The applicant is requesting approval of Commercial Design Review No. 2013 -02, Conditional Use Permit No. 2013 -02 and Zone Change No. 2013 -03 with a finding of Public Convenience and Necessity to allow the development of a new 7 Eleven convenience store and gas station with the sale of beer and wine and associated landscape and signage improvements. Project Location The 1.13 -acre project site (APN 377 - 242 -021), which is the location of a former Union 76 service station, is at 515 North Main Street directly adjacent to the southbound 115 Freeway off ramp. PC June 18, 2013 Item No. 2 Page 1 of 29 PLANNING COMMISSION STAFF REPORT CDR NO. 2013 -02, CUP 2013 -02, ZC NO. 2013 -03, PC AND N. JUNE 18, 2013 PAGE 2OF4 Environmental Setting The subject property is surrounded by the 1 -15 Freeway to the north and a mix of single - family residences and commercial uses to the west and south. The property is across the street from a vacant lot to the east. Proposed Use & Operational Parameters The applicant is proposing to demolish the existing automotive service building on the project site, retrofit the existing fueling canopy and gas pumps and construct a new 3,010 square foot 7 Eleven convenience store. The architectural theme of the 7 Eleven is intended to be compatible with the historic downtown district and is similar to City Hall. The project also consists of the upgrade of the existing landscape and the incorporation of a plant palette consistent with City of Lake Elsinore Landscape Guidelines, new paving, 15 parking spaces with appropriate striping, new wrought iron fencing and a new infiltration basin which will be located on the north side of the subject property. In addition, building signage will be new and the existing freeway sign and existing monument sign along Main Street will be enhanced to be compatible with the proposed building's architectural features. The proposed 7 Eleven development will provide about ten (10) full time and part time jobs to the community. The hours of operation will be 24 hours a day, which will offer convenient shopping to the immediate community as well as a gas services immediately adjacent to the freeway off -ramp. Since the location, size, design, on site traffic patterns, and operational characteristics will remain the same as the former Union 76 gas station there will not be an increase to the existing noise, traffic or other environmental conditions. Since the new 7 Eleven convenience store will operate 24 hours a day, it will incorporate updated security measures by requiring employees to be trained as part of 7 Eleven's PC June 18, 2013 Item No. 2 Page 2 of 29 EXISTING LAND USE ZONING GENERAL PLAN Project Site Closed Gas Station Gateway Commercial Gateway Commercial North 1 15 Freeway 1 15 Freeway 1 15 Freeway South Residential & Commercial General Commercial Gateway Commercial East Vacant Gateway Commercial Gateway Commercial West Residential & Commercial General Commercial Gateway Commercial Proposed Use & Operational Parameters The applicant is proposing to demolish the existing automotive service building on the project site, retrofit the existing fueling canopy and gas pumps and construct a new 3,010 square foot 7 Eleven convenience store. The architectural theme of the 7 Eleven is intended to be compatible with the historic downtown district and is similar to City Hall. The project also consists of the upgrade of the existing landscape and the incorporation of a plant palette consistent with City of Lake Elsinore Landscape Guidelines, new paving, 15 parking spaces with appropriate striping, new wrought iron fencing and a new infiltration basin which will be located on the north side of the subject property. In addition, building signage will be new and the existing freeway sign and existing monument sign along Main Street will be enhanced to be compatible with the proposed building's architectural features. The proposed 7 Eleven development will provide about ten (10) full time and part time jobs to the community. The hours of operation will be 24 hours a day, which will offer convenient shopping to the immediate community as well as a gas services immediately adjacent to the freeway off -ramp. Since the location, size, design, on site traffic patterns, and operational characteristics will remain the same as the former Union 76 gas station there will not be an increase to the existing noise, traffic or other environmental conditions. Since the new 7 Eleven convenience store will operate 24 hours a day, it will incorporate updated security measures by requiring employees to be trained as part of 7 Eleven's PC June 18, 2013 Item No. 2 Page 2 of 29 PLANNING COMMISSION STAFF REPORT CDR NO. 2013 -02, CUP 2013 -02, ZC NO. 2013 -03, PC AND N. JUNE 18, 2013 PAGE 2OF4 national training program. Security cameras will also be installed. 7 Eleven has indicated that it will offer a large diversity of food and other miscellaneous items such as magazines, fresh brewed coffee, milk, cheeses, chips, prepared foods and baked goods, along with soft drinks and other non - alcoholic beverages. Although 7 Eleven considers the sale of beer and wine to be an important concept of their business, it is expected to comprise only about 4% of the total sales floor area and about 10% of the total sales. The development of the new 7- Eleven new building and site improvements will vastly improve the visual aesthetics of the Gateway into Downtown Lake Elsinore. Analysis Commercial Design Review No. 2013 -02 The applicant is requesting the approval of a Commercial Design Review to allow for the design and development of a new 3,010 square foot 7 Eleven convenience store and gas station on an existing 1.13 acre site. A new infiltration basin will be constructed on the undeveloped portion of the site. The new 7 Eleven convenience store will have a total of 6% lot coverage, landscaping will be approximately 19.5% of the project site, and the hardscape coverage will be approximately 40 %. It should also be noted that only the proposed development area where the new 7 Eleven convenience store, new parking lot, landscaping and related improvements will occur, will be enclosed by a new six (6-0 ") foot high wrought iron fence. Traffic 7 eleven expects one or two (2) deliveries of products by a medium size truck to the 7 Eleven convenience store each day. These deliveries would occur during morning hours. There will not be any additional access points added to the project site and the interior traffic pattern will remain the same. Therefore, there will not be an increase in the existing noise, traffic or other environmental conditions. Pedestrian Accessibility Internal and perimeter pedestrian walkways have been "Path of Travel" has been designed for the project and pedestrian walkway is located in the south end of the landscape planter. Landscaping provided throughout the site. A is shown on the Site Plan. The site which will enhanced by a The applicant is proposing to develop only 28,961 square feet of the 1.13 acre site; therefore the 5,647 square feet of landscape that will be provided will be approximately PC June 18, 2013 Item No. 2 Page 3 of 29 PLANNING COMMISSION STAFF REPORT CDR NO. 2013 -02, CUP 2013 -02, ZC NO. 2013 -03, PC AND N. JUNE 18, 2013 PAGE 2OF4 19.5 %, which will exceed that of the minimum of 15% as required by the Lake Elsinore Municipal Code LEMC, applicable to commercial developments. Architecture The architectural style of the proposed 7 Eleven convenience store is intended to blend with that of the Lake Elsinore Historic Downtown by providing a red brick facade, green canopies, and goose neck reflected lighting.. The building will feature a variation of multilevel rooflines and parapets that will function as architectural features as well as to screen the mechanical equipment and air conditioning condensers. The building will also have decorative brick cornices that will serve as tower elements and architectural accents to the building. The enhancements, which have been incorporated within the architectural design, include alternate direction, position, as well as recess and pop -out bricks throughout the building elevations therefore creating a noticeable and visible design of the building. The architectural design will also incorporate a green color fabric canopy at the east elevation which faces Main Street; this elevation will also have a promotional box area of approximately 5'x5' at the left side and a second one on the opposite end, which will be recess into the wall which will work simply as an architectural accent. The proposed design represents that of the 1920's Storefront style which was typically rectangular in shape with a symmetrical design, decorative columns and or cornices, parapets that extend over the roof lines, and the location of the sign located high on the face of the parapet wall with an awning or canopy accent. Color and Materials The applicant is proposing the development of the 7- Eleven to have a brick facade which is a recommended material that would reflect that of the design characteristics and styles which were prevalent in the City from 1880 to 1930. The following is a chart with the colors and materials proposed for the proposed project: ARCHITECTURAL ELEMENT COLOR MATERIAL FRONT ELEVATION WALLS CRIMSON RED NICHIHA BRICK PANELS CORNICE /COLUMNS CRIMSON RED NICHIHA BRICK PANELS STORE FRONT DARK BRONZE GLASS AND METAL CANOPY FOREST GREEN CANVAS FABRIC SIDE & REAR ELEVATION WALLS ANTIQUE WHITE STUCCO Signage The applicant is proposing to update the freeway pylon sign by replacing the old round sign PC June 18, 2013 Item No. 2 Page 4 of 29 PLANNING COMMISSION STAFF REPORT CDR NO. 2013 -02, CUP 2013 -02, ZC NO. 2013 -03, PC AND N. JUNE 18, 2013 PAGE 2OF4 with a round sign featuring the 7 Eleven logo. The applicant will also add a separate "City of Lake Elsinore Historic Downtown" sign, an electronic gasoline price sign, a wall sign and a window sign, all which should substantially comply with the submitted plans and applied conditions of approval. In order to assure that the freeway pylon sign and the monument sign along Main Street reflect the building, Staff has added a condition of approval (Condition No. 20) that requires the border around the 7 Eleven logo to match the brick fagade of the building. Zone Change No. 2013 -03 On December 13, 2011, the City Council adopted the Downtown Master Plan and the related Downtowncode. The Downtowncode established the zoning standards that are intended to implement the Downtown Master Plan. Section 1.4 of the Downtowncode includes a detailed land use matrix that specifies permitted uses, conditionally permitted uses and prohibited uses for each of the Master Plan districts and the land uses within each district. Although there are several existing gasoline stations located within the downtown area, the matrix does not currently list gasoline stations as an allowable land use. This means the existing facilities are nonconforming land uses with limited ability to provide new upgraded improvements. For this reason, the applicant submitted an application for a zone change which requests that the Downtowncode be amended to add gasoline stations as a conditionally permitted use for the subject property. Staff concurs with the request, but is also recommending that the Land Use Matrix in the Downtowncode be amended to recognize the existing gas stations located at the corners of Main Street and Sumner Avenue and at Graham Avenue and Spring Streets. In order to make gasoline stations a conditionally permitted use in some areas subject to the Downtown Master Plan, with some limitations, Staff's recommended changes to the Land Use Matrix are: 1. Add "Gasoline Dispensing Establishment (subject to Municipal Code Section 17.112.090)" as a use permitted with a Conditional Use Permit within the Gateway Commercial zone in the Gateway District. 2. Add "Gasoline Dispensing Establishment (subject to Municipal Code Section 17.112.090)" as a use permitted with a Conditional Use Permit within the Residential Mixed Use zone in the Garden District 3. Add Gasoline Dispensing Establishment (subject to Municipal Code Section 17.112.090)" as a use permitted with a Conditional Use Permit within the General Commercial zone of the Historic District. 4. Apply a footnote to the above three changes in the Land Use Matrix that reads: "In order to prevent a concentration of Gasoline Dispensary Establishments, such establishments are conditionally permitted when located no closer than 1,000 feet from any existing Gasoline Dispensing Establishment within the PC June 18, 2013 Item No. 2 Page 5 of 29 PLANNING COMMISSION STAFF REPORT CDR NO. 2013 -02, CUP 2013 -02, ZC NO. 2013 -03, PC AND N. JUNE 18, 2013 PAGE 2OF4 Downtown Master Plan boundaries" Conditional Use Permit No. 2013 -02 Paragraph O of Lake Elsinore Municipal Code Section 17.112.090 requires approval of a Conditional Use Permit for the concurrent sale of motor vehicle fuel with alcoholic beverages. Additionally, the proposed changes to the Downtowncode described above would require the approval of a Conditional Use Permit for "gasoline dispensing establishments ". The subject conditional use permit application has been filed pursuant to 03these requirements. Finding of Public Convenience and Necessity The State of California Business and Professions Code mandates that off - premise (consumption) alcohol sales establishments that are located within a census tract that is over concentrated with similar alcohol - related uses obtain a Public Convenience and Necessity (PCN) finding from the local jurisdiction. 7 Eleven is proposing to locate in a census tract which contains eight off - premise alcohol establishment licenses. State Department of Alcoholic Beverage Control guidelines only allows for two off - premise alcohol establishments within this census tract. Staff feels that the addition of this license within this census tract is not a concern due to the fact that 7 Eleven will only devote approximately 4% of its floor area to alcohol sales. In addition, the Lake Elsinore Police Department has been notified of this application and does not object to the issuance of this license. Upon concurrence of the Planning Commission and signature of the Chairperson, the PCN letter (attached) will be forwarded to ABC for processing. Environmental Determination Staff has determined that the proposed project is exempt from the California Environmental Quality Act (Cal. Publ. Res. Code § §21000 et seq.: "CEQA ") and the State CEQA Guidelines (14. Cal. Code Regs § §15000 et seq.), specifically pursuant to Section 15332 (Class 32 — In -Fill Development Projects) because the Project is consistent with the applicable General Plan designation and policies, as well as zoning designation and regulations, the Project is within the City's boundaries and on a site less than five acres surrounded by urban uses, the Property has no value as habitat, and approval of the Project will not result in any significant effects relating to traffic, noise, air quality, or water quality and the Project is adequately served by all required utilities and public services. Recommendation Staff recommends that the Planning Commission: PC June 18, 2013 Item No. 2 Page 6 of 29 PLANNING COMMISSION STAFF REPORT CDR NO. 2013-02, CUP 2013 -02, ZC NO. 2013 -03, PC AND N. JUNE 18, 2013 PAGE 2OF4 1. Adopt Resolution No. 2013- recommending approval of Zone Change No. 2013 -03. 2. Adopt Resolution No. 2013- recommending approval of Commercial Design Review No. 2013 -02. 3. Adopt Resolution No. 2013- approving Conditional Use Permit No. 2013 -03 and making a Finding of Public Convenience and Necessity. 4. Approve and sign letter of Public Convenience and Necessity Prepared By: Agustin Resendiz, Associate Planner Approved By: Richard J. MacHott, LEED Green Associate Acting Planning Manager Attachments: 1. Vicinity Map 2. Planning Commission Resolutions 3. Conditions of Approval 4. PCN letter addressed to ABC 5. 7 Eleven application for PC &N Findings with Operational Statement and Floor Plan 6. 11" x 17" Exhibits PC June 18, 2013 Item No. 2 Page 7 of 29 RESOLUTION NO. 2013- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING CITY COUNCIL APPROVAL OF COMMERCIAL DESIGN REVIEW NO. 2013 -02, FOR DEVELOPMENT OF A NEW 3,010 SQUARE FOOT 7- ELEVEN CONVENIENCE STORE LOCATED AT 515 NORTH MAIN STREET (APN: 377 - 242 -021) WHEREAS, an application has been filed with the City of Lake Elsinore by Tom Bergerson of DMB Architects requesting approval of Commercial Design Review No. 2013 -02 for a 7 Eleven Convenience Store (the "Project ") to be located at 515 North Main Street also known as Assessor's Parcel No.'s 377 - 242 -021 ( "the Site "); and WHEREAS, the applicant is proposing to demolish the existing automotive service building on the project site, retrofit the existing fueling canopy and gas pumps and construct a new 3,010 square foot 7 Eleven convenience store; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council pertaining to Design Review of commercial projects; and WHEREAS, on June 18, 2013 at a duly noticed public hearing, the Planning Commission considered evidence presented by the Community Development Department and other interested parties respect to this item. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the proposed request for Commercial Design Review No. 2013 -02 for the establishment and operation of a new 3,010 square foot 7- Eleven convenience store prior to making a decision to recommend that the City Council approve the application. The Planning Commission finds that the Commercial Design Review satisfies all requirements set forth in Chapter 17.184 of the Lake Elsinore Municipal Code. SECTION 2. The Planning Commission hereby finds and determines that the Project is categorically exempt from California Environmental Quality Act (Cal. Publ. Res. Code § §21000 et seq.: "CEQA ") and the State CEQA Guidelines (14. Cal. Code Regs § §15000 et seq.), specifically pursuant to Section 15332 (Class 32 — In -Fill Development Projects) because the Project is consistent with the applicable General Plan designation and policies, as well as zoning designation and regulations, the Project is within the City's boundaries and on a site less than five acres surrounded by urban uses, the Property has no value as habitat, and approval of the Project will not result in any significant effects relating to traffic, noise, air quality, or water quality and the Project is adequately served by all required utilities and public services. PC June 18, 2013 Item No. 2 Page 8 of 29 PLANNING COMMISSION RESOLUTION NO. 2013- PAGE 2 OF 4 SECTION 3. That in accordance with State Planning and Zoning Law and the Lake Elsinore Municipal Code, the Planning Commission makes the following findings for the approval of Commercial Design Review No. 2013 -02: The Project, as approved, will comply with the goals and objectives of the General Plan, and the Zoning District in which the Project is located. The Project complies with the goals and objectives of the General Plan because it will assist in achieving the development of a well balanced and functional mix of residential, commercial, industrial, open space, recreational, and institutional land uses. The Project will serve to greater diversify and expand Lake Elsinore's economic base. 2. The Project complies with the design directives contained in the General Plan including the Downtown Master Plan and all other applicable provisions of the Lake Elsinore Municipal Code. The Project is appropriate to the site and surrounding developments in that the convenience store building has been designed in consideration of the size and shape of the property. Sufficient setbacks and enhanced onsite landscaping have been provided thereby creating interest and varying vistas as a person moves along abutting streets and within the center. In addition, safe and efficient circulation has been achieved onsite. The Project will compliment the quality of existing development and will create a visually pleasing, non - detractive relationship between the proposed development and existing projects through the use of architectural design that is similar to historic downtown Lake Elsinore. Materials and colors are proposed including architectural accents and colors that blend with surrounding developments and provide evidence of a concern for quality and originality. 3. Subject to the attached conditions of approval, the Project is not anticipated to result in any significant adverse environmental impacts. Notwithstanding the fact that the Project is exempt from CEQA provisions pursuant to a Class 32 exemption, the Project was reviewed and conditioned by all applicable City departments to ensure that the project blends into existing development, creates the least amount of disturbance, and does not negatively impact the residents or businesses of Lake Elsinore. The Project will not have a significant effect on the environment. 4. Conditions and safeguards pursuant to Chapter 17.184.070 of the Municipal Code, including guarantees and evidence of compliance with conditions, have been incorporated into the approval of the Project to ensure development of the property in accordance with the objectives of Chapter 17.184. PC June 18, 2013 Item No. 2 Page 9 of 29 PLANNING COMMISSION RESOLUTION NO. 2013- PAGE 3 OF 4 Pursuant to Section 17.184.070 of the Lake Elsinore Municipal Code, the Project was considered by the Planning Commission at a duly noticed public hearing on June 18, 2013. SECTION 4. Based upon the evidence presented, the above findings, and the attached Conditions of Approval, the Planning Commission hereby recommends that the City Council approve Commercial Design Review No 2013 -02. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 18th day of June 2013. Rick Morsch, Chairman City of Lake Elsinore ATTEST: Richard J. MacHott, LEED Green Associate Acting Planning Manager PC June 18, 2013 Item No. 2 Page 10 of 29 PLANNING COMMISSION RESOLUTION NO. 2013- PAGE 4 OF 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, Richard J. MacHott, Acting Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2013 -_ as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 18th day of June 2013, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Richard J. MacHott, LEED Green Associate Acting Planning Manager PC June 18, 2013 Item No. 2 Page 11 of 29 RESOLUTION NO. 2013- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE APPROVAL OF ZONE CHANGE NO. 2013-03 WHEREAS, an application has been filed with the City of Lake Elsinore by Tom Bergerson of DMB Architects requesting approval of Zone Change No. 2013 -03 for property located at 515 North Main Street; and WHEREAS, on December 13, 2011, the City Council adopted the Downtown Master Plan and the related Downtowncode; and the Downtowncode established the zoning standards that are intended to implement the Downtown Master Plan; and WHEREAS, the proposed Zone Change No. 2013 -03 would amend the detailed Land Use Matrix contained within Section 1.4 of the Downtowncode to add gasoline stations as a conditionally permitted use for the subject property; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of making recommendations to the City Council for changes related to zoning; and WHEREAS, public notice of the Zone Change has been given, and the Planning Commission has considered evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on June 18, 2013. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered the proposed Zone Change, Staff's recommendation and other evidence presented at a duly notice public hearing prior to making a decision to recommend that the City Council approve the proposed change and related changes to the City's Downtown Code. SECTION 2. That in accordance with State Planning and Zoning law and the City of Lake Elsinore Municipal Code, the Planning Commission makes the following findings for the approval of Zone Change No. 2013 -03: 1. The proposed Zone Change will not be; a) detrimental to the health, safety, comfort or general welfare of the persons residing or working within the neighborhood of the proposed amendment or within the City, or b) injurious to the property or improvements in the neighborhood or within the City. As reviewed by all applicable City Divisions and Departments and Agencies, the proposed zoning change will not be detrimental to the health, safety, comfort and welfare of the persons residing or working within or near the PC June 18, 2013 Item No. 2 Page 12 of 29 PLANNING COMMISION RESOLUTION 2013- _ PAGE 2OF3 neighborhoods affected by the proposed zoning change. 2. The proposed action will be consistent with the Goals, Objectives, and Policies of the General Plan including the Downtown Master Plan and the development standards established with the Lake Elsinore Municipal Code (LEMC). The proposed change to the Downtowncode will facilitate the establishment of neighborhood - serving commercial and retail opportunities for existing and future residents in the surrounding area. Consequently, the proposed project will not conflict with any applicable land use plan, policy, or regulation with the approval the general plan amendment and zone change applications. 3. The proposed amendment of the Downtowncode recognizes several existing gasoline dispensing establishes currently located within the boundaries of the Downtown Master Plan and will make said land uses conforming with the applicable zoning document. The proposed commercial project will add "Gasoline Dispensing Establishment (subject to Municipal Code Section 17.112.090)" as a use permitted with a Conditional Use Permit within the Gateway Commercial zone in the Gateway District, the Residential Mixed Use zone in the Garden District and the General Commercial zone of the Historic District subject to the restriction that in order to prevent a concentration of Gasoline Dispensary Establishments, such establishments are conditionally permitted when located no closer than 1,000 feet from any existing Gasoline Dispensing Establishment within the Downtown Master Plan boundaries. SECTION 3. Based upon all of the evidence presented, and the above findings, the Planning Commission hereby recommends that the City Council of the City of Lake Elsinore approve Zone Change No. 2013 -03. SECTION 4. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED on this 18th. Day of June 2013. Rick Morsch, Chairman City of Lake Elsinore PC June 18, 2013 Item No. 2 Page 13 of 29 PLANNING COMMISION RESOLUTION 2013- _ PAGE 3OF3 ATTEST: Richard J. MacHott, LEED Green Associate Acting Planning Manager STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, Richard J. MacHott, Acting Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2013 -_ as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 18th day of June 2013, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Richard J. MacHott, LEED Green Associate Acting Planning Manager PC June 18, 2013 Item No. 2 Page 14 of 29 RESOLUTION NO. 2013- RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2013 -02 FOR A GASOLINE DISPENSING ESTABLISHMENT WITH THE CONCURRENT SALE OF BEER AND WINE AT 515 N. MAIN STREET. WHEREAS, an application has been filed with the City of Lake Elsinore by Tom Bergerson of DMB Architects ( "Project Applicant ") requesting approval of Conditional Use Permit No. 2013 -02 (the "Project ") for a 7 Eleven convenience store with the sale of gasoline and the concurrent sale of beer and wine to be located at 515 N. Main Street; and WHEREAS, the site has a zoning designation of Gateway Commercial within the Gateway District of the Lake Elsinore Downtown Master Plan and has a General Plan Land Use designation of Gateway Commercial; and WHEREAS, a concurrent application for Zone Change No. 2013 -03 has been filed by the Project Applicant proposing the amendment of the Downtown Master Plan's related Downtowncode in order to permit gasoline dispensing establishments within the Gateway Commercial zone in the Gateway District subject to approval of a Conditional Use Permit; and WHEREAS, the Project is located within census tract where State Department of Alcoholic Beverage Control guidelines only allow for two off - premise alcohol establishments and within which there are eight off - premise alcohol establishment licenses; and WHEREAS, the Project Applicant has requested a Public Convenience and Necessity (PCN) finding related to the sale of beer and wine at the proposed Project; and WHEREAS, the Planning Commission of the City of Lake Elsinore has been delegated with the responsibility of reviewing and approving, conditionally approving, or denying conditional use permits; and WHEREAS, on June 18, 2013; at a duly noticed public hearing, the Planning Commission considered evidence presented by the Community Development Department and other interested parties with respect to this item. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The Planning Commission has considered Conditional Use Permit No. 2013 -02 prior to rendering its decision and finds that the requirements of Chapter 17.168 of the Lake Elsinore Municipal Code have been satisfied. PC June 18, 2013 Item No. 2 Page 15 of 29 PLANNING COMMISSION RESOLUTION NO. 2012-_ PAGE 2OF4 SECTION 2. The Planning Commission hereby finds and determines that Conditional Use Permit No. 2013 -02 is categorically exempt from California Environmental Quality Act (Cal. Publ. Res. Code § §21000 et seq.: "CEQA ") and the State CEQA Guidelines (14. Cal. Code Regs § §15000 et seq.), specifically pursuant to Section 15332 (Class 32 — In -Fill Development Projects) because the Project is consistent with the applicable General Plan designation and policies, as well as zoning designation and regulations, the Project is within the City's boundaries and on a site less than five acres surrounded by urban uses, the Property has no value as habitat, and approval of the Project will not result in any significant effects relating to traffic, noise, air quality, or water quality and the Project is adequately served by all required utilities and public services.. SECTION 3. That in accordance with State Planning and Zoning Law and the Lake Elsinore Municipal Code, the Planning Commission makes the following findings for approval of Conditional Use Permit No. 2013 -02: 1. The proposed use, on its own merits and within the context of its setting, is in accord with the objectives of the General Plan and the purpose of the planning district in which the site is located. Issuance of this Conditional Use Permit will facilitate the creation of a well balanced and functional mix of residential, commercial, industrial, open space, recreational and institutional land uses. The proposed land use conforms to the objectives of the General Plan, including the Downtown Master Plan and the Downtowncode in which the site is located. 2. The proposed use will not be detrimental to the general health, safety, comfort, or general welfare of persons residing or working within the neighborhood of the proposed use or the City, or injurious to property or improvements in the neighborhood or the City. All applicable City departments and agencies have been afforded an opportunity to review the use permit and recommend various conditions of approval as set forth in the conditions of approval attached to the staff report for this CUP. Conditions have been applied relating to the proposed use, so as to eliminate any negative impacts to the general health, safety, comfort, or general welfare of the surrounding commercial development and the City. 3. The site for the intended use is adequate in size and shape to accommodate the use, and for all the yards, setbacks, walls or fences, landscaping, buffers and other features required by Title 17 of the Lake Elsinore Municipal Code. The proposed Conditional Use Permit is for the operation a new 3,010 square foot 7- Eleven convenience store and gas station on an existing 1.13 acre site. The proposed use has been analyzed and staff has determined that the proposed use meets all applicable sections of the Downtowncode and the Lake PC June 18, 2013 Item No. 2 Page 16 of 29 PLANNING COMMISSION RESOLUTION NO. 2012-_ PAGE 3OF4 Elsinore Municipal Code and will compliment the existing uses, based on the submitted plans and attached conditions of approval. 4. The site for the proposed use relates to streets and highways with proper design both as to width and type of pavement to carry the type and quantity of traffic generated by the subject use. The proposed operation of a the design and development of a new 3,010 square foot 7- Eleven convenience store and gas station on an existing 1.13 acre site., has been reviewed in relation to the width and type of pavement needed to carry the type and quantity of traffic generated. The City has analyzed the proposed parking for the site against Chapter 17.148 (Parking Requirements) of the Lake Elsinore Municipal Code (LEMC) and based on the submitted plans and the attached conditions of approval, has determined that the proposed use will meet all requirements of Chapter 17.148. 5. In approving the subject use, there will be no adverse affect on abutting property or the permitted and normal use thereof. The Conditional Use Permit has been thoroughly reviewed and conditioned by all applicable City departments thereby eliminating the potential for any adverse effects. 6. Adequate conditions and safeguards pursuant to _Lake Elsinore Municipal Code Section 17.168.050 have been incorporated into the approval of the Conditional Use Permit to insure that the use continues in a manner envisioned by these findings for the term of the use. Pursuant to Section 17.168.040 of the Lake Elsinore Municipal Code, the Project was considered by the Planning Commission at a duly noticed public hearing on June 18, 2013. SECTION 4. Based upon the evidence presented, the above findings, and the attached conditions of approval, the Planning Commission hereby approves Conditional Use Permit No. 2013 -02; subject to approval of Zone Change No. 2013 -03 by the Lake Elsinore City Council. SECTION 5. Based upon the evidence presented and the Project location, it is determined that the sale of beer and wine at the Project will serve the local community and the Planning Commission recommends approval of the off - premise license for alcoholic beverages based on the finding of public convenience and necessity. SECTION 6. This Resolution shall take effect from and after the date of its passage and adoption. PC June 18, 2013 Item No. 2 Page 17 of 29 PLANNING COMMISSION RESOLUTION NO. 2012-_ PAGE 4OF4 PASSED, APPROVED AND ADOPTED this 18th day of June, 2013, by the following vote: Rick Morsch, Chairman City of Lake Elsinore ATTEST: Richard J. MacHott, LEED Green Associate Acting Planning Manager STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE )ss. CITY OF LAKE ELSINORE ) I, Richard J. MacHott, Acting Planning Manager of the City of Lake Elsinore, California, hereby certify that Resolution No. 2013 -_ as adopted by the Planning Commission of the City of Lake Elsinore at a regular meeting held on the 18th day of June 2013, and that the same was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: Richard J. MacHott, LEED Green Associate Acting Planning Manager PC June 18, 2013 Item No. 2 Page 18 of 29 CITY OF LAKE ELSINORE CONDITIONS OF APPROVAL COMMERCIAL DESIGN REVIEW NO. 2013 -02, CONDITIONAL USE PERMIT NO. 2013 -02 & ZONE CHANGE NO. 2013 -03 PLANNING DIVISION 1. The proposed project (7 Eleven) consists of the demolition of the existing automotive service building, the retrofit the existing fueling canopy and gas pumps, construction of an infiltration basin on the undeveloped portion of the site and the construction of a new 3,010 square foot 7 Eleven convenience store and gas station located at 515 N. Main Street (APN 377 - 242 -021). 2. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning the proposed project attached hereto. 3. Commercial Design Review No. 2013 -02 shall lapse and become void two years following the date on which the design review became effective, unless one of the following: (1) prior to the expiration of two years, a building permit related to the design review is issued and construction commenced and diligently pursued toward completion; or (2) prior to the expiration of two years, the applicant has applied for and has been granted an extension of the design review approval pursuant to subsections (B) and (C) of this section. Notwithstanding conditions to the contrary, a design review granted pursuant to this chapter shall run with the land for this two - year period, subject to any approved extensions, and shall continue to be valid upon a change of ownership of the site which was the subject of the design review application. 4. Conditional Use Permit No. 2013 -02 shall lapse and shall become void one year following the date on which the use permit became effective unless, prior to the expiration of one year, a building permit is issued and construction commenced and diligently pursued toward completion on the site which was the subject of the use permit application. 5. In the event that the City Council fails to approve Zone Change No. 2013 -03, amending the Lake Elsinore Downtown Master Plan's related Downtowncode in order to permit gasoline dispensing establishments within the Gateway Commercial zone in the Gateway District subject to approval of a Conditional Use Permit, the approval of Commercial Design Review No. 2013 -02 and Conditional Use Permit Planning Commission June 18, 2013 PC June 18, 2013 Item No. 2 Page 19 of 29 No. 2013 -02 shall lapse and become void. 63 BA :101 W90IN171 i1elm 6. Within 30 days of project approval, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department for inclusion in the case records. 7. The applicant shall submit a check in the amount of $50.00 made payable to the County of Riverside for the filing of a Notice of Exemption. The check shall be submitted to the Planning Division for processing within 4-8 hours of the project's approval. 8. Conditions of approval shall be reproduced on page one of building plans prior to their acceptance by the Building Division. All Conditions of Approval shall be met prior to the issuance of a Certificate of Occupancy and release of utilities. 9. The decision of the Planning Commission regarding Conditional Use Permit No. 2013 -02 shall be final fifteen (15) days from the date of the decision, unless an appeal has been filed with the City Council pursuant to the provisions of Chapter 17.192 of the Lake Elsinore Municipal Code. 10.All site improvements shall be constructed as indicated on the approved building elevations and site plan, as modified by these conditions of approval. 11. Any minor revisions to approved site plan or building elevations shall be reviewed and approved by the Community Development Director or designee. Any substantial revisions to the site plan or building elevations shall be reviewed according to the provisions of the Municipal Code in a similar manner as a new application. 12.All roof mounted or ground support air conditioning units or other mechanical equipment incidental to development shall be architecturally screened or shielded by landscaping so that they are not visible from neighboring property or public streets. Any roof mounted central swamp coolers shall also be screened, and the Community Development Director, prior to issuance of building permit shall approve screening plan. 13.All exterior on -site lighting shall be shielded and directed on -site so as not to create glare onto neighboring property and streets or allow illumination above the horizontal plane of the fixture. All light fixtures shall be consistent with the architectural style of the building. Planning Commission Page 2 of 4 June 18, 2013 PC June 18, 2013 Item No. 2 Page 20 of 29 14.The building address (in numerals at least four inches high) shall be displayed near the entrance and be easily visible from the front of the building and public right -of- way. 15.All loading zones shall be clearly marked with yellow striping and shall meet City Standards for loading zones. 16. Parking stalls shall be double- striped with four -inch (4 ") lines two feet (2') apart. 17. Window area cannot be obscured with posters and advertising to the point that police patrols will not be able to see inside the convenience store. 18.Three (3) sets of the Final Landscaping /Irrigation Detail Plan with shall be submitted to the Community Development Department with appropriate fees, reviewed and approved by the City's Landscape Architect Consultant and the Community Development Director or designee, prior to issuance of a building permit. a) All planting areas shall have permanent and automatic sprinkler system with 100% plant and grass coverage using a combination of drip and conventional irrigation methods. b) All planting areas shall be separated from paved areas with a six inch (6 ") high and six inch (6 ") wide concrete curb. c) Planting within fifteen feet (15') of ingress /egress points shall be no higher than thirty -six inches (36 "). d) Landscape planters shall be planted with an appropriate parking lot shade tree pursuant to the LEMC and Landscape Design Guidelines. e) Any transformers and mechanical or electrical equipment shall be indicated on landscape plan and screened as part of the landscaping plan. f) The landscape plan shall provide for ground cover, shrubs, and trees and meet all requirements of the City's adopted Landscape Guidelines. g) All landscape improvements shall be bonded 100% for material and labor for two years from installation sign -off by the City. Release of the landscaping bond shall be requested by the applicant at the end of the required two years with approval /acceptance by the Landscape Consultant and Community Development Director or Designee. h) All landscaping and irrigation shall be installed within affected portion of any phase at the time a Certificate of Occupancy is requested for any building. i) Final landscape plan must be consistent with approved site plan. Planning Commission Page 2 of 4 June 18, 2013 PC June 18, 2013 Item No. 2 Page 21 of 29 j) Final landscape plans to include planting and irrigation details. 19. The Applicant is to meet all applicable City Codes and Ordinances. 20. No individual signs are approved as part of this approval. The applicant or designee shall submit an application for a sign permit, pay appropriate fees and receive approval from the Community Development Department for any sign installed at the project site. All signs shall generally conform with the signage shown on the approved floor plans and elevations and shall incorporate the following changes: • The border around the 7 Eleven logo on the freeway pylon sign shall match the color of the brick fagades of the main building. • The "City of Lake Elsinore Historic Downtown" sign located on the freeway pylon sign shall be redesigned in coordination with the City of Lake Elsinore Community Development Department, based upon designs that will be provided to the applicant by City Staff. • The border around the 7 Eleven logo on monument sign located along Main Street shall match the color of the brick fagades of the main building. 21.The proposed project shall comply with all applicable requirements of the Lake Elsinore Municipal Code, Title 17 - Zoning unless modified by approved Conditions of Approval. 22. There shall be no loitering in or around the business. 23. If operation of this use triggers concerns related to parking, noise, traffic, or other impacts, at the discretion of the Community Development Director, this conditional use permit may be referred back to the Planning Commission for subsequent review at a public hearing. If necessary, the Commission may modify or add conditions of approval to mitigate such impacts, or may revoke said project. 24. The 7- Eleven convenience store and gas station business shall operate in compliance with all applicable laws associated with the use. 25. The applicant shall place a weatherproof 3' x 3' sign at the entrance to the project site identifying the approved days and hours of construction activity (i.e., 7:00 A.M. — 5:00 P.M., Monday through Friday with no construction activity to occur on Saturdays, Sundays or legal holidays) and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division (951) 674 -3124. The sign shall be installed prior to the issuance of a grading permit. Planning Commission Page 2 of 4 June 18, 2013 PC June 18, 2013 Item No. 2 Page 22 of 29 BUILDING AND SAFETY DIVISION 26.Any and all existing or proposed floor elevation changes within the main floor areas shall be made accessible in accordance with Americans with Disabilities Act (ADA) requirements. 27. Any and all tenant improvements shall be in compliance with the 2010 UBC. CITY OF LAKE ELSINORE FIRE MARSHAL 28. Fuel tanks /Hazardous materials- Provide the specific location and quantify for each of the hazardous tanks proposed. 29. Required access within 150'- Fire Department vehicular access is required within 150 of any portion of any building as measured along any approved vehicular travel ways. Off -site roadway access should be in accordance with the City of Lake Elsinore Engineering Department. ENGINEERING DEPARTMENT 30.All drainage facilities in this project shall be constructed to Riverside County Flood Control District Standards and hydrology manual. 31. Developer shall mitigate to prevent any flooding and /or erosion downstream caused by development of the site and /or diversion of drainage. 32.All natural drainage traversing the site (historic flow) shall be treated and conveyed through the site in a manner consistent with the historic flow to one or a combination of the following: 1) to a public facility; 2) accepted by adjacent property owners by a letter of drainage acceptance; or 3) conveyed to a drainage easement as approved by the City Engineer. 33.All required soils, geology, hydrology and hydraulic and seismic reports shall be prepared by a Registered Civil Engineer. 34. Traffic Study shall be approved by the City Traffic Engineer. 35. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC). 36. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) on site and /or out on the roadway or alley shall be the responsibility of the property owner or his agent. Overhead utilities (34 KV or lower) shall be undergrounded. Planning Commission Page 2 of 4 June 18. 2013 PC June 18, 2013 Item No. 2 Page 23 of 29 37. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR &R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated both during cleaning, demolition, clear and grubbing or all other phases of construction and during occupancy. 38. Sight distance into and out of this project location shall comply with CALTRANS Standards. FEES: 39. The applicant shall pay all Engineering Division assessed Capital Improvement, Plan Check and Permit fees (LEMC 16.34). Applicable mitigation fees include: a. Traffic Infrastructure Fee (TIF): $3.84 per square foot (commercial) of new construction. b. Transportation Uniform Mitigation Fee (TUMF): Retail $10.49 per square foot of new construction. c. Stephen's Kangaroo Rat Habitat: $500 gross acre for disturbance on undeveloped lot. d. Area Drainage: Town No. 2 District, $6,600 /gross acre for disturbance on undeveloped lot. 40. Applicant to supply the square footage of existing structure to be demolished. 41. Development impact fees quoted are subject to change. Fees will be assessed at the prevalent rate at time of payment in full. STORM WATER MANAGEMENT / POLLUTION PREVENTION / NPDES 42.All storm drain inlet facilities shall be appropriately marked "Only Rain in the Storm Drain" using the City authorized marker to prevent illegal dumping in the drain system. 43. Design - The project plans shall incorporate a combination of Site Design BMPs, Source control BMPs and Treatment Control BMPs to address the potential Pollutants of Concern identified for the project, as required by California Green Building Standards, Section 5.106 and NPDES requirements for commercial projects within the San Jacinto, and Santa Ana River Watersheds. BMP design shall be in conformance with the Riverside County Flood Control LID Handbook. 44. Hydro modification / Hydraulic Conditions of Concern The project shall limit Planning Commission Page 2 of 4 June 18. 2013 PC June 18, 2013 Item No. 2 Page 24 of 29 disturbance of natural water bodies and drainage systems; conserve natural areas; protect slopes, channels and minimize significant impacts from urban runoff. 45. Erosion & Sediment Control - Prior to the issuance of any grading or building permit, the applicant shall submit for review and approval by the City Engineer, an Erosion and Sediment Control Plan as a separate sheet of the grading plan submittal to demonstrate compliance with the City's NPDES Program and state water quality regulations for grading and construction activities. A copy of the plan shall be kept updated as needed to address changing circumstances of the project site, be kept at the project site, and available for review upon request. 46. SWPPP - Prior to the issuance of any grading or building permits, the applicant shall demonstrate compliance with California's General permit for Stormwater Discharges Associated with Construction Activity by providing a copy of the Notice of Intent (NOI) submitted to the State Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) Number. Projects subject to filing an NOI shall prepare and implement a Stormwater Pollution Prevention Plan ( SWPPP). A copy of the current SWPPP shall be kept at the project site and be available for review upon request. 47. WQMP — Approval of a Final WQMP is required prior to the issuance of any grading or building permits. The project Final WQMP shall include: • Treatment of all runoff prior to entering the storm drain system, • Planting in the basin to improve infiltration, • Retention of parking area drainage, • Installation of a dry well to capture the low flows, and • Measures to address potential vector issues. 48.The Final Water Quality Management Plan (FWQMP) shall be submitted to Engineering Div. for review and approval. It shall be in substantial conformance with the approved preliminary WQMP, using the MS4 Permittee's WQMP Guidance Document and Template for submittal. 49. Parking Lot / Hardscape - Landscaping shall be designed to provide for treatment, retention or infiltration of run -on /run -off. Changes or additions to the project hardscape areas shall be designed and constructed to provide for drainage into adjacent landscape. 50. Table containing BMP's shall be included on the precise grading plan title sheet. 51. Prior to the issuance of a certificate of use and /or occupancy, the applicant shall demonstrate compliance with applicable NPDES permits for construction, Planning Commission Page 2 of 4 June 18, 2013 PC June 18, 2013 Item No. 2 Page 25 of 29 industrial /commercial, MS4, etc. to include: • Demonstrate that all structural Best Management Practices (BMP's) described in the BMP Exhibit from the project's approved WQMP have been implemented, constructed and installed in conformance with approved plans and specifications. • Demonstrate that the project has complied with all non - structural BMPs described in the project's WQMP. • Provide signed, notarized certification from the engineer of work that the structural BMP's identified in the project's WQMP are installed and operational. • Submit to the City a copy of the fully executed, recorded City approved Operations and Maintenance (O &M) Plan for all structural BMPs. • Demonstrate that a copy of the project's approved WQMP (with recorded O &M Plan attached) is available onsite. • Agree to pay for a Special Investigation from the City of Lake Elsinore for a date twelve (12) months after the issuance of a Certificate of Use and /or Occupancy for the project to verify compliance with the approved WQMP and O &M Plan. A signed /sealed certification from the engineer of work dated 12 months after Certificate of Occupancy will be considered in lieu of a Special Investigation by the City. IMPROVEMENTS: 52. If the existing street improvements are to be modified, the existing street plans on file shall be modified accordingly and approved by the City Engineer prior to issuance of building permit. All improvements shall be in compliance with City Standards. 53.An encroachment permit is required for all work to be done in the public right -of -way. Applicant shall submit the permit application, required fees and documents prior to issuance. 54.A California Registered Civil Engineer shall prepare the improvement plans required for this project. Improvements shall be designed and constructed to City of Lake Elsinore Standards latest edition, and City Codes (LEMC 12.04 and 16.34) PRIOR TO GRADING PERMIT 55.A grading plan signed and stamped by a California Registered Civil Engineer shall be submitted for City review and approval for all addition and /or movement of soil (grading) or alteration of drainage on the site. The plan shall include, as applicable, separate sheets for erosion control, haul route and traffic control. The grading submittal shall include all supporting documentation and be prepared using City standard title block, standard drawings and design manual (available at www.lake- elsinore.org). Planning Commission Page 2 of 4 June 18, 2013 PC June 18, 2013 Item No. 2 Page 26 of 29 56.All grading plan contours shall extend to minimum of 50 feet beyond property lines to indicate existing drainage pattern. 57. If the grading plan identifies alterations in the existing drainage patterns as they exit the site, a Hydrology and Hydraulic Report for review and approval by City Engineer shall be required prior to issuance of grading permits. All grading that modifies the existing flow patterns and /or topography shall be in compliance with federal, state and local law and be approved by the City Engineer. 58.The applicant shall apply for, obtain and submit to the City Engineering Division a letter from Southern California Edison (SCE) indicating that the construction activity will not interfere with existing SCE facilities (aka SCE NIL). 59. All grading shall be done under the supervision of a geotechnical engineer. 60. The applicant shall obtain all necessary off -site easements and /or permits for off -site grading and /or drainage acceptance from the adjacent property owners prior to grading permit issuance. 61.Applicant shall execute and submit grading and erosion control agreement, post grading security and pay permit fees as a condition of grading permit issuance. 62.A preconstruction meeting with the City Public Works Inspector (Engineering Division) is required prior to commencement of ANY grading activity. 63. Prior to issuance of a Grading Permit, applicant shall provide the City for review and approval a plan of all proposed haul routes to be used for movement of import or export material. Export sites located within the Lake Elsinore City limits must have an active grading permit. Public Noticing and City Council approval is required for haul routes of over 5,000 cubic yards. The cost of noticing shall be paid by the applicant. PRIOR TO BUILDING PERMIT 64.A grading permit shall be issued for the project. 65. Provide soils, geology and seismic report, including recommendations for parameters for seismic design of buildings, and walls prior to building permit. Planning Commission Page 2 of 4 June 18, 2013 PC June 18, 2013 Item No. 2 Page 27 of 29 PRIOR TO OCCUPANCY /FINAL APPROVAL: 66. Final soil report showing compliance with recommendations, compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 '/2 x 11" mylar) shall be submitted to the Engineering Division before final inspection will be scheduled. 67.All street improvements shall be completed in accordance with approved plans or as a condition of development to the satisfaction of the City Engineer. 68.Applicant shall pay all outstanding applicable processing and development fees including but not limited to: TUMF, MSHCP, TIF, Stephens' Kangaroo Rat Habitat Conservation Plan (SKR HCP) and area drainage prior to occupancy /final approval. 69.As -built plans for all approved plan sets shall be submitted for review and approval by the City. The applicant/developer /owner is responsible for revising the original mylar plans. Once the original mylars have been approved, the applicant shall provide the City with a CD of the "as built" plans in .tif format. 70.All final studies and reports shall be submitted in .tif format on a CD /DVD. Studies and reports include Soils, Seismic, Hydrology, Hydraulics, Grading, SWPPP, WQMP, etc. 71. Provide on compact disc GIS Shape files of all final maps and street and storm drain plans. *ALL DATA MUST BE IN projected Coordinate System: NAD 83 State Plane California Zone VI U.S. Fleet. Planning Commission Page 2 of 4 June 18, 2013 PC June 18, 2013 Item No. 2 Page 28 of 29 June 18, 2013 California Department of Alcoholic Beverage Control Attn: Licensing Department 3737 Main Street Suite 900 Riverside, CA 92501 SUBJECT: Public Convenience and Necessity Letter for 7 Eleven, 515 North Main Street, Lake Elsinore CA Dear ABC Official: This letter is in reference to a Type 20 off - premise alcohol license being proposed for the proposed 7 Eleven store at the location listed above. Pursuant to Section 23958.4 of the Business and Professions Code, prior to the issuance of an alcoholic beverage license, the City is required to make a determination as to whether the establishment is seeking the license serves the public convenience and necessity (PCN). The City of Lake Elsinore Police Department has been notified of this application and does not object to the issuance of this license. Therefore, the City is recommending approval of the off - premise license for alcoholic beverages based on the finding of public convenience and necessity. If you need further information about this action or related issues, please contact Richard J. MacHott, Acting Planning Manager at (951) 674 -3124, Ext. 209. Sincerely, Rick Morsch Chairman, City of Lake Elsinore Planning Commission Richard J. MacHott, LEED Green Associate Acting Planning Manager PC June 18, 2013 Item No. 2 Page 29 of 29